Stier v. City of Oskaloosa
Supreme Court of Iowa
Appeal from Mahaska Circuit Gowrt. Action to recover for personal injuries sustained by defendant from falling into a diteb dug across a sidewalk of the city with defendant’s consent and authority, and which was negligently left open without any protection from the dangers thereof, to those using the street. There was a verdict and judgment for plaintiff in the sum of $685. Defendant appeals.
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Appeal from Mahaska Circuit Gowrt. Action to recover for personal injuries sustained by defendant from falling into a diteb dug across a sidewalk of the city with defendant’s consent and authority, and which was negligently left open without any protection from the dangers thereof, to those using the street. There was a verdict and judgment for plaintiff in the sum of $685. Defendant appeals. Unless a municipal corporation is liable by express statute, for damages occasioned by the condition of its streets or sidewalks, such liability must appear, if at all, from its charter, or the statutes…
1Opinion of the Court
Beck, J. —
We will consider the objections to the judgment in the order we find them presented in the arguments of appellant’s counsel. They require but brief discussion.
1. pleading: corporation, I. Several instructions, it is insisted, are erroneous, on ground that they assume the defendant is a municipal corporation, when its character is neither averred in the petition nor shown by the evidence. The petition alleges that the defendant “was and still is a corporation created by authority of the State of Iowa, in Mahaska county, Iowa, under the name and style of the City of Oskaloosa.” This…
2Cases cited1 opinion
- O'Donald v. Evansville, Indianapolis, & Cleveland Straight Line RailroadIndiana Supreme Court · 1860
3Cited by9 opinions
- Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
- Hall v. Incorporated Town of MansonSupreme Court of Iowa · 1894
- Cutler v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1911
- Marshall Mfg. Co. v. DickersonSupreme Court of Oklahoma · 1916
- Hornberger v. StateNebraska Supreme Court · 1896
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